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Terms of Use and Service

Updated September 23, 2020

Introduction

Job Pairing is a job sharing platform for individuals, recruiters and employers. It provides services for matching professionals with other professionals, referred to as “job mates”, who want to share a job. It also provides services to match a pair of job mates with recruiters and employers. www.jobpairing.com is a site operated by Job Pairing LLC. This agreement is between you and Job Pairing LLC.

Our mission is to match professionals with other professionals with similar and/or complementary skills so they can pair up to share a job as well as match pairs of job mates with recruiters and employers. Central to this mission is our commitment to be transparent about the data we collect about you, how it is used and with whom it is shared.

Contract

These terms and conditions (the "Terms of Use” and “Terms of Service") apply to Job Pairing services and web site (www.jobpairing.com) which is owned and operated by Job Pairing LLC. When you use our web site and Services, you agree to all of these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which cover how we collect, use, share, and store your personal information.

Job Pairing reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on its website. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

You agree that by clicking or tapping on “Join”, “Sign Up”, “Register”, “Get Started”, or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Job Pairing LLC (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

You are entering into this Contract with Job Pairing LLC (also referred to as “we”, “us” and “job pairing”) which will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services, delivered through www.jobpairing.com.

Members and Visitors

When you register and join the Job Pairing Service, you become a “Member” (either job seekers or employers and recruiters). If you have chosen not to register for our Services, you may access certain features or sections of our website as a “Visitor.”

Services

This Contract applies to www.jobpairing.com and services that are offered by Job Pairing under this Contract (“Services”). This Contract applies to both Members (either job seekers or employers and recruiters) and Visitors. As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to our Cookie Policy and our Privacy Policy, and updates.

Change

We may modify this Contract, our Privacy Policy and our Cookie Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes. We agree that changes cannot be retroactive. If you disagree with or object to any changes, you may close your account (by clicking on your profile picture on your dashboard and selecting close account option). Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

Note:

Select features will only be available in our Premium offering. Until then, enjoy exploring them for free.

Service Eligibility

Here are some promises that you make to us in this Contract:

  • You’re eligible to enter into this Contract and you are at least our “Minimum Age” (described below).
  • The Services are not for use by anyone under the age of 16.
  • To use the Services, you agree that: (1) you must be the “Minimum Age” or older; (2) you will only have one Job Pairing account, which must be in your real name; and (3) you are not already restricted by Job Pairing from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.

“Minimum Age” means 16 years old. However, if law requires that you must be older in order for Job Pairing to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

If you do not meet these qualifications to use the Services, you may not use the Services.

Your Account

You will keep your user identification and password a secret. You will not share an account with anyone else and will follow our rules and the law. If you know or suspect that anyone other than you knows your user identification or password, you must promptly notify us at support@jobpairing.com. Members are account holders. You agree that you are responsible for anything that happens through your account unless you close it or report misuse. We have the right to disable your account (your user identification and password) at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

Your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

Notices and Messages

You agree that we will provide notices and messages to you through our websites and/or using your contact information. If your contact information is out of date, you may miss out on important notices. You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

Sharing

When you share information on our Services, others can see, copy and use that information. Our Services allow sharing of information such as your profile. Information and content that you share, like your profile, may be seen by other Members. Where we have made choices available, we will honor the choices you make about who can see content or information about you (e.g., sharing your contact information only with other members with whom you have mutually agreed to be connected as potential job mates). Your profile will not be visible to visitors or public.

Your License to Job Pairing

You own all of the content (e.g. your profile) and personal information you provide to us, but you also grant us a non-exclusive license to it. When you upload or post content to our site, you grant us a payment free, worldwide, non-exclusive, irrevocable, perpetual license right to use that content on our site and for users of the site or third parties in accordance with these terms and for the furtherance of our business. We’ll honor the choices you make about who gets to see your information and content.

As between you and Job Pairing, you own the content and information that you submit to the Services, and you are only granting Job Pairing a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others.

These rights are limited in the following ways:

  • You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
  • While we may edit and make format changes to your content (such as modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
  • You and Job Pairing agree that if content includes personal data, it is subject to our Privacy Policy.
  • You and Job Pairing agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (e.g. only your mutually agreed connections can see your profile).
  • By submitting suggestions or other feedback regarding our Services to Job Pairing, you agree that Job Pairing can use and share (but does not have to) such feedback for any purpose without compensation to you.
You Promise

You agree and warrant that you will do all of the following:

  • Provide information and content that you have the right to share, and that your Job Pairing profile will be truthful.
  • Provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights).
  • Provide accurate information to us and keep it updated.
  • You are responsible for configuring your computer system, platform, software running on your platform, and other information technologies to access our site. You should use your own virus protection software.
  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
  • Use your real name on your profile.
  • Use the Services in a professional manner.
  • You will not misuse our site by knowingly introducing viruses, trojans, worms, spyware, or other material that is malicious or technologically harmful. You will not attempt to gain unauthorized access to our site, the server on which our site is hosted or any server, computer or database connected to our site. You will not attack our site via a denial-of-service attack. By breaching this provision, you would commit a criminal offence under the law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
  • You will not create a false identity on Job Pairing, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account.
  • You will not develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services.
  • You will not copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Job Pairing.
  • You will not disclose information that you do not have the consent to disclose such as confidential information of others (including your employer).
Service Availability

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.

Job Pairing is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

Other Content, Sites and Apps

Your use of others’ content and information posted on our Services, is at your own risk. Others (e.g. Recruiters and Employers) may offer their own products and services through our web site, and we aren’t responsible for those third-party activities.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Job Pairing generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.

Limits

We have the right to limit how you connect and interact on our Services. Job Pairing reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Job Pairing reserves the right to restrict, suspend, or terminate your account if Job Pairing believes that you may be in breach of this Contract or law or are misusing the Services.

Intellectual Property Rights

We’re providing you notice about our intellectual property rights.

Job Pairing reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Job Pairing logos and graphics used for our Services are trademarks or registered trademarks of Job Pairing.

Automated Processing

We use data and information about you to make relevant suggestions to you and others. We will use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend matches (potential job mates) for you as well as between you and your job mates, and recruiters or employers. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.

Termination

We can each end this Contract anytime we want. Both you and Job Pairing may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services.

The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
  • Any amounts owed by either party prior to termination remain owed after termination.

To close your account, you need to log into your dashboard, click/tap on your profile picture, and choose close account option.

General Terms

Here are some important details about the Contract.

  • If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
  • If we don't act to enforce a breach of this Contract, that does not mean that Job Pairing has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Job Pairing may assign this Contract to a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
  • You agree that the only way to provide us legal notice is through email address: support@jobpairing.com.
Content standards

These content standards apply to any and all material (e.g. your profile) that you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole. Contributions must not:

  • Be discriminatory about people's work choices.
  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trademark of any other person or entity.
  • Be likely to deceive any person.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or entity.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Employer Terms

If you are an employer looking to hire employees or contractors using the Services, you must register as an Employer. If you register on behalf of a company, you warrant that you are authorized to register on behalf of such company and are authorized to bind the company to this Contract and to the hiring of any employee or contractor you hire through the Services. To register as an Employer, you agree to pay a monthly subscription fee for access to the Services. If you hire a Member through the Services, you agree to pay all “Required Fees” that you agreed to pay when you registered with the services. By registering with the Services, you acknowledge and warrant that you may not hire any User you identify or locate through the Services without notifying the Services or paying the Required Fees. You acknowledge and agree that you will not attempt to solicit employees or contractors through the Services without properly utilizing the Services. For the avoidance of doubt, you agree that you will owe the Required Fee for any employee or contractor you hire if you located such person through the Services or communicated with them through the Services in any way.

Subscription Fees and Renewal

Fees for subscriptions to our services will be stated at the time of your sign-up, as applicable. If your subscription involves a recurring payment of a fee, unless you notify us before a charge that you want to cancel or do not want to automatically renew your subscription, you understand it will automatically continue and you authorize us to collect the then-applicable fees and any taxes, using any credit card we have on record for you.

If all credit cards we have on file for you are declined for payment of your subscription fees, we may cancel your subscription, as applicable, unless you provide us with a new credit card. If you provide us with a new credit card and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original renewal date and not the date of the successful charge.

Cancellation and Refund

You may cancel your subscription at any time by visiting your account on jobpairing.com (under "My Account", select "cancel subscription"). When cancelling a monthly subscription, all future charges associated with future months of your subscription will be cancelled. Your cancellation will become effective at the end of your current monthly billing period. You will not receive a refund; however, your subscription benefits will continue for the remainder of the current monthly billing period.

License to use the Site

Job Pairing grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the content therein available to you on the Services for personal use only or for use by your specific business; provided, however, that no such content may be distributed by you to any third parties without our express permission. Such license is subject to this Contract and specifically conditioned upon your compliance with this Contract. Except as expressly permitted above, any use of any portion of the content found on the Services without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this section, the Contract, and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in this Contract may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by us at any time.

Errors, Corrections and Changes

We do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Services. We are not obligated to create or provide support, corrections, upgrades, bug fixes and/or enhancements to the Services.

Indemnifications and Hold Harmless

You agree to defend, indemnify and hold harmless Job Pairing, its affiliated companies, officers, directors, employees and agents from and against all claims, demands, suits, costs, damages, and expenses, including but not limited to attorneys' fees and reasonable settlements that Job Pairing may sustain or incur by reason of (a) your use of the Services, (b) breach, alleged breach or violation of the foregoing warranties, representations and covenants, (c) any violation of any third party right arising from content submitted by you, (d) any claim that any user content submitted by you caused damage to a third party, or (e) any other violation of this Contract. Your obligation to defend, indemnify and hold harmless Job Pairing shall survive these the termination of any license between you and Job Pairing, including this Contract.

Disclaimer of Warranties; Limitations of Liability

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. JOB PAIRING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JOB PAIRING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITE OR SERVICES, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES AND PRODUCTS FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND JOB PAIRING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS CONTRACT OR YOUR USE OF THIS SITE OR THE SERVICES.

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JOB PAIRING OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO ANY CLAIM RELATED TO THE SERVICES, THE USE OF OR INABILITY TO USE THE SERVICES AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JOB PAIRING OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ANY DAMAGES OWED UNDER BY JOB PAIRING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF MONEY RECEIVED BY JOB PAIRING BY YOUR USE OF THE SERVICES.

ANY CAUSE OF ACTION OR CLAIM LICENSEE MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

U.S. Government Restricted Rights

The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright laws of the United States.

Miscellaneous Terms

This contract shall be governed by and construed in accordance with the laws of the State of Ohio, except for its conflicts of laws principles. You consent to the exclusive jurisdiction and venue in the state and federal courts in Franklin County, Ohio. We may transfer and assign this Contract and ownership of the Services without restriction. You may not transfer or assign this Contract or any Services. You affirm and warrant that you are legally competent to enter into this Contract, and the conditions, obligations, affirmations, representations, covenants and warranties set forth herein. If any provision of this Contract is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the remaining provisions of the Contract shall not be affected. No waiver of any term of this Contract shall be deemed to constitute a continuing waiver of such term. By accepting this Contract, you agree to allow Job Pairing to send you periodic emails including but not limited to system maintenance announcements, newsletter, and other marketing materials. You may unsubscribe from these communications at any time.

System Requirements:

The Services requires that cookies and JavaScript are enabled to work properly.

How to contact us

If you want to send us notices or contact us for any other reason, please contact us via support@jobpairing.com